Rabbi Yosef Landa cRc Rabbinical Coordinator, Dairy Industry

CHALAV YISROEL MILK -AN INSIDE LOOK

A growing number of people today are careful to only consume cow's body temperature of about 100°F; it is then chilled dairy products that are chalav Yisroel. This means that the milk down to about 38°F. That is the extent of the processing done production is carefully overseen beyond usual hashgachah for at the farm; the milk is considered "raw" milk, and it is usu­ standard chalav stam. But how does that process work? Where ally not legal to sell it at this point, prior to pasteurization. does the Mashgiach begin, and where do his responsibilities end? The farm amasses enough milk to load up a tanker truck (this Here's a behind-the-scenes look at the process. can take several hours or more than a day depending on the number of cows), at which point it is loaded onto a tanker truck and delivered to the dairy. Upon arriving at the dairy, it INTRODUCTION will be pumped into one or several silos (tall, round, stainless It is well-known that Rav Moshe Feinstein zt"I permitted the steel tanks). When the dairy is ready to process the milk, the consumption of milk produced in the United States even milk will be pasteurized, separated (all fat removed and put without the direct oversight of a Mashgiach during the milk­ back in at the desired fat level , whether full, 2%, 1 % etc.) ho­ ing process. This milk, referred colloquially as cha/av stam, is mogenized, have vitamins added, be chilled down and then generally accepted as kosher, but many people look for milk bottled. The finished bottles are refrigerated and delivered produced under the direct oversight of a Mashgiach, known within a day or two to stores. as cha/av Yisroel. This article will describe the necessary pro­ cedures a hashgachah must follow in order to successfully oversee cha/av Yisroel milk production, beginning from the AT THE FARM milking of the cow and ending with the sealing of the con­ Let us begin with the hashgachah at the farm level. When the tainer of milk at the factory. The descriptions of how a farm Mashgiach arrives at the farm, his first task is to check that and dairy plant operate will be based on current conditions the entire line, i.e. beginning from "the milkers," which are in the United States. the four-pronged devices attached to the cows' udders, all the way to the tank the milk will be collected in, is clean from There are two stages of this hashgachah: a) on the farm, and previous non-cha/av Yisroel milk residue. This is accomplished b) at the dairy processing facility. Before describing the hash­ by visual inspection. There is usually no problem in this area, gachah that is necessary, let us briefly explain what takes as farms have a good washing system that thoroughly cleans place at the farm and at the dairy processing facility. The set­ the entire line. The tanker truck that the milk will be pumped up of the dairy industry today is such that there are many into also needs to be checked. This is accomplished by open­ dairy farms(henceforth "the farm") supplying each dairy pro­ ing the outlet valve at the back of the truck, which is the cessing facility (henceforth "the dairy"). It is possible for a lowest point of the truck, and seeing that the wash water dairy to be receiving milk from a hundred separate farms in the truck has been cleaned with emerges without milk resi­ its surrounding area. Farms can be small or large, housing due. The milking can now begin, and the Mashgiach needs to from about one hundred to a few thousand cows. They are remain on the premises, making random checks at various almost always independent farms, not owned by the dairy. parts along the entire length of the line, from the cows in the When a cow is milked at the farm, the fresh milk is at the milking area up to the holding tank (the line can have various

cRc Pesach Guide Pesach Information www.ASKcRc.org / www.cRcweb.org 73 parts and smaller tanks along the way, going through sev­ eral rooms and even floors). The Mashgiach can rest, and he obviously needs to daven and even nap, but he must be very careful not to establish any fixed pattern to the point that the farm personnel will be confident that the Mashgiach will not be appearing for even a short amount of time, and there­ by undermine the basis of cha/av Yisroel. The farm personnel should also be aware of the Mashgiach's role to ascertain that no non-kosher species is used, so that a mirsas, (fear of being caught) will be created. This will work for when the Mashgi­ ach is not literally standing at the milking (e.g. he is davening or resting), since he can pop in at any moment. When the milking is done, the milk will be pumped into a tanker truck. (On larger farms the milking is piped directly into a waiting tanker truck parked on the premises.) The Mashgiach will seal Cow with displaced abomasum scar the tanker truck, so that no milk can be added without break­ 1 fah cows in the pool of the many) • This concept can apply ing the seal. The tanker truck will now be driven to the dairy to cha/av stam, since we have no presence and knowledge of for processing there. the goings-on at the farm. (While the farmers have records Before turning our attention to the dairy, let us discuss some of which cows underwent DA procedures, they would not be halachic issues that can arise at the farm. willing to divulge this information to us as it can only hurt them.) For cha/av Yisroel however, where we do have a signif­ icant presence at the farm, it is much more difficult to make DA COWS that argument. As a result, all reliable hechsherim require the Milking cows may develop a condition called displaced abo­ farm to have a system of ensuring that all DA cows are pre­ masum (DA), wherein the cow's abomasum (true stomach), vented from contributing to the cha/av Yisroe/ certified milk. the keivah, falls or gets twisted out of place. This more fre­ While this issue in itself has nothing whatsoever to do with quently occurs soon after the cow has calved (given birth), the din of cha/av Yisroel, in practice it adds an additional layer because the abomasum falls into the cavity that previously of difficulty to the hashgachah of cha/av Yisroel. It also makes contained the fetus. it more difficult to convince a farm to become involved in A number of years ago it was discovered that a common way cha/av Yisroe/ to begin with, and as a result the farmer will to resolve DA is by puncturing the abomasum of the cow. This require a premium to be paid for his milk. So an additional remedy (of puncturing the keivah) presents a serious sh'ei­ task for the Mashgiach at the farm is to verify and maintain lah of a tereifah. When this issue developed, the hashgachos the system in place for ensuring that the DA cows are not looked into the matter, and virtually all hashgachos that certi­ contributing to the milk pool. Such systems usually involve fied cha/av stam milk, ruled that it was permitted to continue using the farm's existing record system, whereby every cow to do so as before for cha/av stam; however, when certifying has a clearly visible numbered tag attached to it (on the ear), milk as cha/av Yisroe/ these same hashgachos ruled that it was and the farm files complete records of the cow's lifecycle un­ necessary to be machmir and prevent all such cows from be­ der that number. Additionally, different color bands can be ing milked and contributing to the amassed milk. A complete placed on the cow's legs and kept there for however long is analysis of the DA issue is beyond the scope of this article, necessary, to mark it for various purposes, e.g. a color can but the reason for this distinction is briefly as follows: One be assigned for DA cows. In addition, the fact that the scars of the heterim for the DA problem in cha/av stam is the sim­ of a DA surgery are visible externally on the cow for several ple rule of rov beheimos kesheiros, i.e. we know some animals months, and much longer to the expert eye, creates a mirsas, may be tereifos because of sirchos (adhesions to the lungs) as the Mashgiach can spot a DA cow that is being milked. and other possible tereifos, but since we know rov of the an­ imals are not tereifah, when it comes to each individual cow that is milked, we follow the rov that the milk is kosher. We YOTZEI VfNICHNAS further follow this same rov and may drink the pool of many Ideally the Mashgiach should remain on the farm throughout such cows at once (despite the fact that statistically speaking the entire milking until the tanker truck is sealed. However, it is highly unlikely that there is bitul of the milk of the terei- practically doing so can be difficult and costly. For example, if

74 www.ASKcRc.org / www.cRcweb.org cRc Pesach Guide Pesach Information the farm does not have many head of cattle, it will be neces­ would need to be there after the milking to seal the tank­ sary to get milk from several farms that are milking simulta­ er before it leaves the farm and moves out of the camera's neously, and hiring a separate Mashgiach for each farm would range. It is likely also necessary for the Mashgiach to be there raise the cost of the cha/av Yisroe/ milk to a prohibitive level. prior to the start of milking to verify that all the tanks and The hashgachah will then have one Mashgiach circulate sever­ lines, as well as the tanker truck, are empty and clean, though al farms randomly, at a yotzei venichnas level, as the halachah it may theoretically be possible to accomplish this inspection is that the Mashgiach does not need to be there for the entire by camera as well. There are some potential pitfalls to us­ milking, and yotzei venichnas is sufficient. However, the defi­ ing cameras, however: a) The cameras must be strategically nition of this yotzei venichnas is not the same as the common­ placed, and there must be enough of them to cover the entire ly used term, as in this case the Mashgiach literally must be length of the line from the cows that are being milked to the 2 able to pop in at a moment's notice • Great care on the part of tank being filled, to preclude the possibility of the non-Jew the hashgachah and yiras Shamayim on the part of the Mash­ breaking into the line out of the cameras' range and pump­ giach are both necessary to ensure that workers on a specific ing in non-kosher milk.4 b) Despite the amazing capabilities farm never know that the Mashgiach will definitely be gone of modern technology, the connections to remote cameras for a specific amount of time. A seemingly harmless state­ are subject to frequent problems and failure, and were that ment on the Mashgiach's part revealing that he is leaving to to happen in the middle of milking, and the farm personnel fillup on gas, or to go to farm so-and-so can compromise the were aware of this failure, the cha/av Yisroe/ status of the milk cha/av Yisroel status. Another possible issue arises if after the could be lost. Worse, if the farm was aware of an equipment Mashgiach leaves a specific farm he has never doubled back failure and the Mashgiach was not, the milk would be sold a few minutes later, because the workers would soon grow as cha/av Yisroe/, and it actually would not be. This author is confident that once he left, he is gone for at least a while. If not aware of cameras currently being used to create cha/av the personnel on one farm know the personnel on anoth­ Yisroe/ anywhere in the United States, and it seems that this er farm and can easily call one another to share the current would be a downgrade of the current level of kashrus of cha­ whereabouts of the Mashgiach (and it takes several minutes /av Yisroel milk. It may be a good idea, though, to use cameras to get from one to the other), there can also be a problem. lechumra: for example, if a hashgachah was using yotzei ven­ Similarly problematic is a farm that is situated on a hill, so ichnas as outlined above, to add cameras in addition to the that any approaching person or vehicle can be seen well be­ yotzei venichnas. fore their arrival. In these cases, to alleviate some of these concerns, it is a good idea to have a second roving Mashgiach (who does not need to be employed full-time) that can (and KOVUSH does) pop in sometimes. Although a transfer of blios from a ke/i to food and vice-versa usually only occurs when there is heat involved, if a liquid is held in a container (or tank) for 24 consecutive hours, there CAMERAS is a transfer of blios at any temperature. This is known as One modern application of cha/av Yisroel is the kovush. This issue comes up in connection with cha/av Yisroel question of whether video cameras would suf- if the milk has to be held in a tank, or tanker truck for more fice to be considered "milked in the presence of than 24 hours, as it is very likely that the same tank has be­ a Jew," conferring the status of cha/av Yisroel on the milk. It come non-kosher from previously held (for 24 consecutive is reliably reported that Rav Elyashiv zt"/ permitted this sce­ hours) non-cha/av Yisroel milk. Although there are many peo­ nario, but only via a live video connection, and not through ple who only eat cha/av Yisroel but are meikel on keilim of cha­ recorded video.3 This author understands that to mean that /av stam, others are not meikel, and the hechsherim therefore there must be a live video connection, so that a Mashgiach treat keilim of non-cha/av Yisroel to be considered non-kosher has the ability to view the entire milking live in real time keilim when it comes to cha/av Yisroe/. This issue does come throughout the milking process, and that the farm personnel up frequently, as the milk industry in general requires a great are aware of this, but not that the Mashgiach actually has to deal of logistics, with constant pickup by tanker trucks from be watching the entire milking. This is similar to when the farms, and deliveries of these loads to dairies, trying to max­ Mashgiach is actually present on the farm; he does not need imize space and time at the farms, dairies and on the trucks, to witness all the milking, as the fact that he is on the prem­ while conserving fuel and driver labor. It is further com­ ises and can at any moment be on the scene of the milking, pounded during cha/av Yisroel production, as at every point is sufficient. Even when cameras are present, the Mashgiach it needs to be kept separate from all the other non-cha/av

cRc Pesach Guide Pesach Information www.ASKcRc.org / www.cRcweb.org 75 Yisroel milk. So, it often happens that the milk will need to are preprinted cartons. The labels or cartons that bear the be held in a tank or tanker truck for 24 consecutive hours; hechsher are under the control of the Mashgiach, and are giv­ sometimes only some of the milk in a tank will be there for en to the dairy to be used as needed. Those that were not 24 hours, sometimes all of the milk will be there for 24 hours. used are removed or otherwise secured by the Mashgiach. (Logistically, as the cows are being milked into a tank, the And finally, the finished milk containers are ready to be deliv­ milk from the first cows will be in the tank longer than the ered to stores where the consumers are anxiously awaiting milk from the last cows.) Many hechsherim will allow this to their cholov Yisroel milk. happen when the necessity arises and will accept the milk as cha/av Yisroe/ for the following reasons: a) the metal of the tank5 is bate/ b'shishim to the volume of milk in the tank, as CONCLUSION the tanks are very large with thin metal walls, b) the Chavos Today, cha/av Yisroel foods in the U.S. range from milk to Daas6 and Yad Yehuda7 hold that we do not hold kovush in cheese, ice cream, and a wide variety of dairy products. The metal, and certainly the stainless steel tanks currently in use cRc takes special pride in our supervision of cho/ov Yisroe/ qualify for this, and c) b'dieved, it is certainly mutar since the products, and the words "cha/av Yisroe/" on a label means blios start coming out of the tank after 24 hours of kovush, so that the processes described above were applied. Discern­ the tank is always aino ben yomo. Furthermore, since the farm ing consumers can enjoy the many dairy delights available to owned by non-Jews is doing the kevishah and would usual­ them and rest assured that every step of the process is care­ ly do so anyway with or without the request of the Jewish fully supervised on every level - from the cow on the farm to company purchasing the cha/av Yisroel milk, it may be mu­ the sealed container of milk at the dairy and beyond. • tar l'chatchilah. Some hechsherim will require the milk to be pumped out to another tank, if possible, prior to 24 hours to avoid kovush or to create a loop and pump back into the same tank.8

ENDNOTES AT THE DAIRY 1 This author has calculated the statistical likelihood that there is bitul of the Let us describe hashgachah at the dairy. As mentioned be­ milk of the tereifah cows in the milk pool, assuming the accepted ratio of 10% tereifah cows, to be less than 1 in 500. fore, the tanker truck is sealed by the Mashgiach at the farm. The same Mashgiach can drive over to the dairy, or there can 2 The shiur of a "moment's notice" i.e. the time from when the farm personnel become aware the Mashgiach is approaching until the time he actually is on be another Mashgiach there to receive the tanker. The Mash­ the scene, would presumably not be just the time it would take for someone giach at the farm will relay the numbers on the seal to the to drive up to the farm and unload some non-kosher animals, milk them, and Mashgiach at the dairy, and these numbers will be checked then remove them, which could take some time. Rather it should be the time for someone to drive up with a container, e.g. a barrel, of non-kosher milk, prior to unloading the tanker. The dairy must have an empty empty it into the tank of milk, and remove the barrel. silo to receive this milk if it will not be processed straight 3 The argument likely is that live video is a fulfillment of the requirement of offthe tanker truck. Prior to processing the milk, the equip­ Chazal of seeing the milking, despite not really seeing it in flesh and blood, ment at the dairy must be kashered. Often the only reason as opposed to having a video recording for later viewing, which would be the equipment needs kashering is from the non-cha/av Yisroel considered another sort of proof, which is not valid according to those that do not agree with the heter of Rav Moshe. milk run on the equipment previously, which is treated as non-kosher in regards to cha/av Yisroel. Kashering is neces­ 4 It can be argued that it is only necessary to view the line at points where there are bends in the line and the pipes can be disconnected and put back togeth­ sary, since the milk is heated during pasteurization. The pas­ er without leaving a trace, but in areas of straight pipe, there is no realistic teurizer and related equipment of the separator, homogeniz­ chashash that the non-Jew would break or saw the pipes in middle of milking. er, and connected piping are kashered together as a closed Even if this was done, there would be evidence of such activity, which would be seen by the Mashgiach that came after the milking to seal the tanker. system. After pasteurization there is cooling equipment which chills the milk. After being chilled, the milk then ex­ 5 This is true in tanker trucks as well, provided that we do not count the parts of the truck that are welded to the tanker only indirectly. The calculation re­ its the pasteurizer and is pumped to fillers which will fill the garding this is beyond the scope of this article. milk into the desired container size. From the cooling section 6 Chiddushim 105:3. forward, kashering is not required. Vitamins are added to the 7 7XjJil �171 9, 105:4 and 7XjJil �171 9, 105:1 milk during pasteurization. While these vitamins are bate/ by far, in practice they are required by hashgachos to be kosher. 8 When pumping back to the same tank, it is not possible to be certain that every drop of milk exited the tank and went through the pump, but assuming The labels are affixed to the finished milk container, or there the milk mixes uniformly we can calculate how long it would take for likely all of it to exit, and according to some poskim it is sufficientthat rov of it, exited.

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